Terms of Service
WELCOME TO www.homesandpropertydirectory.com
This site Homes & Property Directory (www.homesandpropertydirectory.com) together with its sister site Fabulous & Affordable (www.fabulousandaffordable.co.uk) (We) are owned and operated by Office Realisation Limited. We are registered in England and Wales under company number 02729105 and with our registered office at 5 Peper Harow House, Peper Harow Park, Godalming, Surrey GU8 6BG. These Terms and Conditions together with our Privacy Policy set out the basis on which you may visit and use the services available on these sites. Please read these terms and conditions carefully before using our sites.
BY REFERRING to the Homes & Property Directory which in every instance hereafter also refers to its sister site of Fabulous & Affordable, OR THE SERVICES OFFERED BY them, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. NOTE THEY MAY BE MODIFIED BY US FROM TIME TO TIME. Please read these Terms of Service carefully. We have created them to protect you and to ensure that the Homes & Property Directory is safe and fun for everyone.
If you do not agree to these Terms of Service, please do not enter the homesandpropertydirectory.com site or register as a member, or subscribe to our newsletters or other subscription based services.
1. Acceptance of Terms of Service
1.1 The Homes & Property Directory is provided free of charge to you by Office Realisation Limited under these terms of service (Terms of Service). These Terms of Service govern your use of the Homes & Property Directory. (whether you are a member, a subscriber or a visitor) and govern all services provided to you by the Homes & Property Directory in connection with the Homes & Property Directory, including but not limited to, access to message boards and use of any email accounts, and other features and services such as personal home pages, provided from time to time.
1.2 The Homes & Property Directory is intended for use by you in the United Kingdom only. We make no warranty or representation that the Homes & Property Directory (or any element of it) is appropriate or available for use in locations outside the United Kingdom. Accessing the Homes & Property Directory from territories where your access to it is prohibited or where such service (or any part thereof) is considered illegal or unlawful is not permitted under these Terms of Service. If you choose to access the Homes & Property Directory from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2. Amendments
2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to The Homes & Property Directory.. If you do not agree with any change in these Terms of Service, please discontinue further use of The Homes & Property Directory. Your continued use of the Homes & Property Directory will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time the Homes & Property Directory may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions ("Additional Terms"). Any Additional Terms will be clearly placed on homesandpropertydirectory.com to be viewed in connection with the specific content or events. All Additional Terms will form part of these Terms of Service.
2.3 The Homes & Property Directory may modify or discontinue the Homes & Property Directory with or without notice to you and without liability to you or any third party.
3. Registration
3.1 Although portions of the Homes & Property Directory may be viewed by anyone who visits homesandpropertydirectory.com you will need to register as a member in order to access the Homes & Property Directory including the forums.
3.2 When you register with us you are stating that you are over 18 years of age or are a minor over 13 years of age with parental consent to use the service you are registering for. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or legal guardian before they complete any registration process or provide us with any information about themselves. We do not allow persons who we know to be 13 years of age or younger to register with homesandpropertydirectory.com.
3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. Homes & Property Directory reserves the right to terminate your membership and access to any specific content if the Homes & Property Directory learns that you have provided the Homes & Property Directory with false or misleading registration information.
4. Privacy Policy
We treat your privacy very seriously and we understand that you will wish to know how we will use the information we collect from you or that you provide to us. Please see our privacy policy, which forms part of these Terms of Service. All use of your personal information will be in accordance with our Privacy Policy and applicable data protection legislation.
5. Your use of the Homes & Property Directory.
5.1 The Homes & Property Directory does not read every message posted on the message boards and, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of the Homes & Property Directory to comply with these Terms of Service (including the standards below), you understand that, by using the Homes & Property Directory, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a message which you believe breaks the following standards please report it to us immediately by email to: info@homesandpropertydirectory.com.
The views expressed on our message boards are not those of the Homes & Property Directory.
5.2 You alone are responsible for the content of your messages and your use of the Homes & Property Directory and the consequences of any such messages. By using the Homes & Property Directory you agree to comply with the following guidelines:
(a) The Homes & Property Directory is to be used by you for your personal use only and use of the Homes & Property Directory for commercial purposes or to obtain financial gain is strictly prohibited without the Homes and Property Directory's prior written consent.
(b) The Homes & Property Directory may not be used to send chain letters, junk mail, 'spam', solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list. The Homes & Property Directory may not be used to advertise a company, product or service or to recruit staff.
(c) You are not permitted to post links to alternative community groups unless it is with the express permission of the Homes & Property Directory.
(d) You may not post to the Homes & Property Directory or use the Homes & Property Directory to publish, send or distribute any message or material (in any media or form) that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party's intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.
(e) You (whether acting in your capacity as a journalist in any media or otherwise) may not post appeals for case histories on any of the Homes & Property Directory message boards. Unauthorised appeals will be removed.
(f) You must not impersonate any other person or entity, whether actual or fictitious.
(g) You must not create any member names which mimic or impersonate a Homes & Property Directory member of staff, Community Moderator, Community Leader or other Homes and Property Directory members.
(h) You must not use the Homes & Property Directory or any part of the Homes & Property Directory in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another's computer.
(i) You will not harass or intimidate any Homes &Property Directory member either on a message board or via email communication.
(j) You must not post or use any part of the Homes & Property Directory to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programmes or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
5.3 The Homes & Property Directory reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by the Homes & Property Directory and you. The Homes & Property Directory will not enter into any discussions about its decision to edit, alter, delete or move such material.
5.4 The Homes & Property Directory may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.
5.5 In the event of uploading photographs you agree: (i) you are over the age of 13; (ii) you have reviewed and agree to comply with these Terms of Service (unless you are aged 14-17 years old, in which case, your parent or guardian has reviewed and agrees to these Terms of Service on your behalf); (iii) you have the rights necessary to authorise the Homes & Property Directory and its designees to copy, distribute, adapt, display, perform and otherwise use the photograph, and you hereby grant such authorisation; (iv) the individual depicted in the photograph is over the age of 13, or you have obtained the consent of the individual's parent or guardian, and such individual has consented to the photograph being made publicly available in connection with the Homes & Property Directory Website; (v) the photograph has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph; (vi) the photograph does not contain any personal information such as a name, phone number or email address; and photographs of groups or offensive materials may not be posted. The Homes & Property Directory reserves the right in its sole discretion to remove or not post any photograph, for any reason. Also, you acknowledge that the Homes & Property Directory requires that any submitted photograph should not contain potentially offensive materials. If you would like to have your photo removed. Materials submitted to the Homes & Property Directory will not be returned to the submitting party and the Homes & Property Directory has no obligation to inform you of any decision to remove or not post such materials.
6. Intellectual Property
6.1 The homesandpropertydirectory.com, its contents and all Rights therein are owned by the Homes and Property Directory (and/or its licensors). "Rights" means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) the homesandpropertydirectory.com is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
6.2 You may view, print, download or temporarily store extracts from the homesandpropertydirectory.com for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any homesandpropertydirectory.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any homesandpropertydirectory.com content or materials.
6.3 By submitting content, which shall include your member name, to any "public area" of the homesandpropertydirectory.com, including message boards, forums, contests and chat rooms, you grant the Homes & Property Directory and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, and store and reproduce such content for personal use.
6.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on the Homes & Property Directory retains any and all Rights that may exist in such content.
6.5. The Homes & Property Directory does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of the Homes & Property Directory.
6.6 From time to time the Homes & Property Directory will run competitions, free prize draws and promotions on this website. These are subject to additional terms as outlined below:
6.6.1 Entrants must be at least 18 years of age.
6.6.2 The competition is open to UK and Eire residents only.
6.6.3 All qualifying entrants who answer the question correctly will be placed in a free prize draw.
6.6.4 Winners will be notified within 28 days of the draw taking place. There is no cash alternative to the prize.
6.6.5 The competition is not open to anyone associated with homesandpropertydirectory.com.
6.6.6 The judge’s decision is final and no correspondence will be entered into.
6.6.7 Details of winners will be available upon written request.
6.6.8 No responsibility can be accepted for entries which are not properly received due to communications beyond our control.
7. Third Party Web Sites, Goods and Services
7.1 The Homes & Property Directory provides links to third party web sites that are not affiliated with the Homes & Property Directory (although the Homes& Property Directory branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
7.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and the Homes & Property Directory will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against the Homes & Property Directory with respect to any such sites.
7.3 Subject to the terms of our Privacy Policy, third parties may, from time to time, send email messages to you containing advertisements, promotions, etc. The Homes & Property Directory makes no representation or warranty with respect to the content of any email messages sent by third parties or any goods or services which may be obtained from such third parties as a consequence of these emails, and you agree that the Homes & Property Directory shall have no liability with respect thereto.
8. Disclaimer of Warranties
8.1 The Homes & Property Directory is provided on an "as is" and "as available" basis. The Homes and Property Directory expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
8.2 You understand and agree that the Homes & Property Directory does not guarantee the accuracy or completeness of any information in or provided in connection with the Homes & Property Directory. The Homes & Property Directory is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst the Homes & Property Directory is provided for the general information of the general public, all information is provided on the basis that neither the Homes & Property Directory, its employees or consultants or its members, while such members are participating in the Homes & Property Directory, are engaged in rendering legal, medical, counselling or other professional services or advice. The Homes & Property Directory advises you to seek appropriate professional advice or care for any situation or problem which you may have.
8.3 The Homes & Property Directory shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on the homesandpropertydirectory.com. Your participation in the homesandpropertydirectory.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from the Homes & Property Directory or through the homesandpropertydirectory.com shall create any warranty not expressly made in these terms of service or imposed by law.
8.4 The Homes & Property Directory makes no warranty that the homesandpropertydirectory.com will meet your requirements, or that the homesandpropertydirectory.com network will be uninterrupted, timely, secure, or error free; nor does the Homes & Property Directory make any warranty as to the results that may be obtained from the use of the homesandpropertydirectory.com.
8.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the homesandpropertydirectory.com is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
9. Limitation of Liability
9.1 Except as required by law, the Homes & Property Directory shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether the Homes & Property Directory has been advised of the possibility of such damages.
9.2 The Homes & Property Directory will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use the homesandpropertydirectory.com, or messages received, or transactions entered into through the homesandpropertydirectory.com, or resulting from unauthorised access to or alteration of your transmissions or data.
9.3 Nothing in these Terms of Service shall operate to exclude or restrict the Homes & Property Directory’s liability for death or personal injury caused by negligence.
10. Emails and Personal Home Pages
The Homes & Property Directory assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with its personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that e-mails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.
11. Termination & Remedies for Breach of these Terms by You
11.1 The Homes & Property Directory will be entitled to restrict, suspend or terminate your membership or deny you access to the homesandpropertydirectory.com or take such other action as the Homes & Property Directory deems appropriate if the Homes & Property Directory determines, in its sole discretion, that you are in breach of any of the Terms of Service or the Homes & Property Directory considers in its sole discretion that your use of the homesandpropertydirectory.com is inappropriate or otherwise unacceptable.
11.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which the Homes & Property Directory may have against you in respect of your breach of these Terms of Service.
11.3 The Homes & Property Directory shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as specified in our Privacy Policy.
12. Indemnification
You agree to indemnify and hold each of the Homes & Property Directory, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the homesandpropertydirectory.com, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.
13. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
14. Advertisers
14.1 All contents of advertisements are subject to the Homes & Property Directory approval. The Homes & Property Directory reserves the right to reject or cancel any advertisement, insertion order, and space reservation or position commitment at any time. In addition the homesandpropertydirectory.com shall have the right to reject any URL link embodied within any advertisement. The Homes & Property Directory does not accept responsibility for late submission of creative. This can affect campaign delivery.
14.2 For a full campaign refund, cancellations or changes in orders must be made in writing (either email or fax) at least five working days before the booked date.
14.3 No refunds will be given for annual listing fees.
15. Miscellaneous
15.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
15.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
15.3 The Homes & Property Directory may assign its rights and obligations under these Terms of Service and upon such assignment the Homes & Property Directory shall be relieved of any further obligation under these Terms of Service.
15.4 These Terms of Service, any Additional Terms (as defined in section 2 above) and the Privacy Policy constitute the entire understanding between you and us as to your use of the homesandpropertydirectory.com and supersede all prior agreements and understandings between us and you. Nothing in these Terms of Service shall operate to exclude or restrict your or our liability for fraudulent misrepresentation.
|
